Md. Code Regs. 11.11.03.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.11.03.04 - Stay of Suspension

A. A stay of an order of suspension issued under Transportation Article, § 16-205.1, Annotated Code of Maryland, shall be granted by the Administration in the following circumstances:

(1) The person can show a compelling reason for being unable to appear at the scheduled hearing;

(2) The Administration cannot provide a hearing within the time period required by Transportation Article, § 16-205.1, Annotated Code of Maryland;

(3) The person and the Administration agree to a postponement; or

(4) The person is otherwise entitled to a stay of the suspension under Transportation Article, § 16-205.1(f)(5)(iii) or § 16-205.1(f)(6)(iii), Annotated Code of Maryland.

B. The Administration shall be deemed to have agreed to a postponement of a hearing under the following circumstances:

(1) The person can show a compelling reason for that person's inability to appear on the scheduled hearing date;

(2) The person's attorney presents evidence of a conflict in the attorney's schedule and otherwise conforms with the requirements for postponement requests contained in Regulation .06; or

(3) The person can establish to the satisfaction of the Administration that the person did not receive actual notice of the hearing as a result of an error on the part of the Administration.

C. The following circumstances constitute reasons deemed compelling for purposes of the Administration staying an order of suspension after a person fails to appear at a scheduled hearing or requests a postponement:

(1) The person is in the military and is not stationed or on leave in Maryland on the date of the scheduled hearing;

(2) The person is incarcerated;

(3) There has been, within the past 5 days, a death or illness in the immediate family of the person or the person's attorney; or

(4) The person or the person's attorney can present satisfactory evidence that the person or the person's attorney was suffering from an incapacitating illness or was injured to the extent that it was impossible to appear for the scheduled hearing.

D. Except as provided in §A, if a hearing request is not made at the time of, or within 10 days from the date of, the issuance of the order of suspension, but within 30 days of the issuance of the order of suspension, the Administration may not stay the order of suspension.

Md. Code Regs. 11.11.03.04

Regulations .04 adopted as a emergency provision effective January 1, 1990 (17:1 Md. R. 64) (Emergency provisions are temporary and not printed in COMAR)
Regulations .04 adopted effective May 28, 1990 (17:10 Md. R. 1220)
Regulation .04A and C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)